Fiteq Inc v. Venture Corporation et al

Filing 324

ORDER GRANTING 315 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman. (blflc2S, COURT STAFF) (Filed on 10/23/2015)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 FITEQ INC, Case No. 13-cv-01946-BLF Plaintiff, 8 v. 9 10 VENTURE CORPORATION, et al., Defendants. ORDER GRANTING DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL [Re: ECF 315, 319] United States District Court Northern District of California 11 12 13 Before the Court is Defendants’ Administrative Motion to File Under Seal all but the 14 header and footer of an email attached as an exhibit to Defendants’ Motion for Partial Summary 15 Judgment (“Exhibit”). ECF 315. The Exhibit contains information Plaintiff designated as 16 protected under the parties’ Protective Order. See Def.’s Mot. at 2; see also Protective Order, ECF 17 98. Plaintiff supports Defendants’ Motion. See Pl.’s Resp., ECF 319. 18 Courts recognize a “general right to inspect and copy public records and documents, 19 including judicial records and documents.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 20 1172, 1178 (9th Cir. 2006). When a party requests to seal judicial records attached to a dispositive 21 motion, such as the motion for partial summary judgment at issue here, it must show “compelling 22 reasons.” Id. at 1172. 23 Plaintiff has established that the requested portions of the Exhibit discuss historical costs, 24 cost projections, and potential terms for the acquisition of a third party. See Pl.’s Resp. at 1. In 25 addition, the Exhibit includes a “highly granular” spreadsheet that details cost projections over 26 several quarters. Id. The Court finds that, if disclosed, this information could cause substantial 27 economic harm to Plaintiff. Thus, the parties have satisfied the “compelling reasons” standard. 28 Because this material is sealable, the request also complies with Civil Local Rule 79-5(b). 1 The Court has reviewed the redactions and finds them to be narrowly tailored, as required by Civil 2 Local Rule 79-5(d)(1)(C). As such, Defendants’ motion to file all but the header and footer of the 3 Exhibit under seal is GRANTED. 4 5 6 7 IT IS SO ORDERED. Dated: October 23, 2015 ______________________________________ BETH LABSON FREEMAN United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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